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Ordinance 28790006.150.017A KCH/klt 04/22/92 ORDINANCE NO. 2879 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 15.36.020(C) TO DELETE THE REFERENCE TO SHELL CREEK MARSH AND AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 15.36.030 TO EXPAND ITS APPLICABILITY TO ALL NATURAL DIVERSE WETLAND AND RIPARIAN HABITAT AREAS WITHIN THE SHORELINE JURISDICTION, INCLUDING UNION OIL MARSH AND SHELL CREEK WETLAND, PROVIDING FOR A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds Community Development Code section 15.36.020(C) is hereby amended to read as follows: 15.36.020 CONSERVANCY ENVIRONMENT C. Conservancy --Recreation. All beaches (MHHW to east line of railroad right-of- way) from the Ferry Terminal to Meadowdale Beach, waters of Lake Ballinger, except Laebugten Wharf: These areas are generally in the fragile intertidal zone. They should be regulated in a manner which will prevent permanent alterations of the intertidal zones, but will allow human use on a more restricted basis. The use of the right-of-way for transportation will probably continue indefinitely. The railroad right-of-way serves as a buffer zone between the conservancy and urban environments and prevents expansion of urban uses into the intertidal zone. If, in the future, the railroad right-of-way is moved, urban KCH19057.10/0006.150.017A -1- uses should not be expanded into this area, and it should be utilized for recreational purposes. Bluffs or slopes within shoreline zone which are over 25% slope: Steep slopes along the shoreline are a hazard to structures built in a slope area because of erosion and sliding. This is a natural geological process which is difficult or impossible to alter. Alteration of these slopes presents a clear danger to the public health and welfare. Section 2. Edmonds Community Development Code section 15.36.030 is hereby amended to read as follows: 15.36.030 NATURAL ENVIRONMENT A. General. This environment is intended to: 1. Maintain diverse natural resource systems, including wetlands, associated with or within 200 feet of any "shorelines of the state," particularly Puget Sound; 2. Prevent the loss or degradation of the functional value of natural resources including primary food chain productivity, wildlife habitat, flood attenuation, water quality improvements, and vegetation community diversity; and 3. Protect areas with unique or diverse natural characteristics from disruptive activities including human and domestic animal intrusion. B. Areas of Inclusion. The intention is to include all natural diverse wetland and riparian habitat areas within Shoreline jurisdiction. These include, but are not limited to, Union Oil Marsh and the historically contiguous wetland to the east of State Route 104, Shell Creek wetland and lower riparian zone, and the KCH19057.1 O/0006.150.017A -2- wetlands which are now isolated on the east side of the railroad tracks, which are partially or entirely within 200 feet of the Ordinary High Water Mark (OHWM) of Puget Sound. Section 3. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction; such invalidity or unconstitu- tionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: ATTEST/AUTHENTICATED: 42TY CLE , ONDA �J.MA�RCH�� APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY n , // �4� FILED WITH THE CITY CLERK: April 16, 1992 PASSED BY THE CITY COUNCIL: April 21, 1992 PUBLISHED: April 26, 1992 EFFECTIVE DATE: May 1, 1992 ORDINANCE NO. 2879 KCH19057.10/0006.150.017A - 3 - Affidavit of Publication STATE OF WASHINGTON, ss. COUNTY OF SNOHOMISH, RECEIVED APR 2 8 1992 r,+r.,­,.., r,in, r'".,k The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Su>Inary of Ordinance No. 2879 City, of Edmonds ...................................................................................................................................... aQl t-e...Re.tor-exnce---.to.....k�e�.J....Craek---M.arsh................. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: April 26, 1992 ............ .............................................................................................. ............................................................................................:......................................... and that said newspaper was regularly distributed to its subscribers during all of said period. Principal Clerk r..............................................................................7............. Subscribed and sworn to before me this ...... 2q..t.h......... y of .... fibril...................................................1 19...92 .............. .............:...............:............................... . Notary Public-_�� qq St to of Washington, residing at >r Sn13h County. B=2-1